A Brooklyn federal court judge today declined to lock up the disgraced ex-state senator, saying he’ll take more time to decide whether a massive payout Espada got from the Bronx nonprofit he’s convicted of looting violated the shamed pol’s his bail.

Judge Frederic Block said he wanted to see more evidence from both prosecutors and Espada’s lawyer before making a ruling.

Prosecutors had demanded that Block revoke Espada’s bail and toss him in the slammer while he awaits sentencing for having swindled about $480,000 from his nonprofit, Soundview Healthcare Network.

They claimed that, since late June, Espada and sons Pedro Gautier and Alejandro again looted the charity, siphoning $600,000 from the sale of assets and keeping more than $300,000 of it for themselves.

Papa Pedro –out on $750,000 bail after being convicted in May of robbing Soundview blind — personally pocketed nearly half of that for himself, prosecutors claimed.

“Despite the court’s efforts to keep the defendant away from the charity he victimized, the very person who stole from Soundview has personally pocketed at least $144,000 of Soundview’s last remaining funds,” Assistant US Attorney Todd Kaminsky wrote in a scathing letter to the court.

But, in a letter filed with the court just minutes before today’s hearing, Espada’s lawyer claimed the judge “did not” make it a bail condition that Espada couldn’t receive payments from Soundview.

“Nor was there any prohibition on Mr. Espada’s family members continuing to operate or be involved with Soundview,” lawer Susan Necheles wrote in the letter.

She argued that Espada’s bail could only be revoked if he were a flight risk or a danger to the community.

The shamed pol was defiant as he arrived at court accompanied by his wife and son Pedro Gautier — but without his usual minus his usual entourage of hulking bodyguards and supporters.